Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-11-30
IMPORTANT DECISION
OF THE SUPREME COURT IN THE CASE OF
P0USB VS.. yANDBRv0RT.
The Syllabus and Opinion in full-Ths Lower
Court Sustainsd-Ths Rights Of Circuit
Courts 10 Review Decisions in
Justices Courts.
Special Correspondence ofDae Reg,ter.

uuSlCcS
| Special Correspondence Of the Reoi,tcT.
CHARLESTON, W. VA, November %
Following is the syllabus of the decision
rendered by the Supreme Court in the case
of Fouse vs.. J. W. van6evort:
l. Under the provision of chapter 11O
amended Code, the Circuit Court mas juris-
diction to review the judgment of JUS
tice rendered upon the verdict of jury by
writ of certiordri.
.. If the summons in case before a
justice states legal cause of action, and
it is in other respects sufficient, the justice
ought not to quash it simply because il
states two or more causes of action.
Opinion by Snyder:
Writ of error to the Judgment of the Cir
cult Court OF Wood county, pronounced
December Is, 1886, in the case of Herman
Fouse VS.. J. W. Vandevort, dismissiDg a
petition for writ Of certiOrdri to the judg.
ment of Justice Of said county. The
petition filed in the Circuit Court alleges
that Vandevort brought a civil action
against him before Justice of Wood coun'
ty for the recovery of money for damages
for breach of contract for building house
and for professional services, 'in which the
plaintiff demanded judgment for $780,
that he appeared before the justice by
counsel and moved to qussh the summons
''because Of misjoinder of action and other
reasons, which motion was Over-ruled by
the Justice" and then he withdrew from
the case; after his withdrawal the plaintiff,
Vandevort, demanded jury, which was
allowed, and the case was tried by Jury
of six jurors, who returned verdict in
favor OF the plaintiff for 1864, on which
the Justice entered judgment for that sum
and costs against him; that he took an ap-
peal for said judgment to The Circuit
Court of said county, and that afterwards
| his
APPEAL WAS DISMISSED
by said Court as having been improvident-
ly taken.
The petition exhibits as part thereof the
summons and transcript OF the record OF
the case before the justice,
and assigns two grounds OF error: first,
that the justice erred in refusing to quash
and dismiss the summons and second, in
refusing to dismiss the action because the
summons did not show what part of the
$500 claimed WAS for breach of contract and
what part for services. Ii prays for n
crrtiOrdT'' against NandevOrt and the jus.
tice, and that the latter shall be required
10 transmit to said Court all the papers and
proceedings had before him in the case.
Vandevort appeared in Court and demur.
red to the petition and the Court sustained
the demurrer and dismissed the petition,
Az the record states that it had no jjurisdic-
tion to award the writ for the matters al,
legged in the petition. To this judgment
the petitioner, Fouse, obtained this writ
of error.
There can be no question that this court
has jurisdiction by writ of error to review
the action of the Circuit Court in the case,
es the following cases abundautly show
Chenowith v. Commissioners, % w. Va,
go; Dryden V. Swinburn, Is ed, pa
Poe V. Machine Works, "a ed, 5l7. In
Farnsworth =. B. & o. X. K. Co, - W.
Va, s15, we hold that in cases Of this ma
ture this court could not entertain juris-
diction when the suit in controversy was
less than 800, but as the judgement in
the case exceeds that amount our juris.
dictiOn il undOubted.
| The first and most important question
presented by the record in this case is
whether or not the Circuit Court had
jurisdiction TO award or entertain the
writ of certiOrdri prayed for in the petition
presented to that court by the plaintiff in
error.
1t is provided in Sec. % of Art. VIII
OF our Constitution. as amended in 1880,
that appeals ShdH be diiOned from judg
ments of Justices of the Peace in such man
ner as may be prescribed by law" AfteI
this provision was adopted the Legislature
in 1884, amended Ch. 10 OF the
Code. The second section Of said chapter
is az follows: I'm every case, matter
or proceeding in which certiOrdrt
might be- issued IA the law heretofore has
been aud in erry case, matter or proceed
ing before Circuit Court, Council of city,
town or village Justice or
OTHER INFERIOR TRIBUNAL,
the record or proceeding may, after 9
judgement or final order therein, or afteI
any Judgment or order therein, abridgina
the freedom OF a person, be removed by
writ of certiordri to the Circuit Court Of the
county, in which such Judgment was rem
d cred or order made; except in cases when
authority is or may be given by law to the
Circuit Court, or the Judge thereof in yo
cation, TO review such judgment or ordeI
in motion, or on appeal writ Of error
supersededs or in some manner other than
certiOrari, but no CertiOrdri shall be issued
in cases of judgments rendered by Justice:
in civil actions mol exceeding fifteen dollars
exclusive of interest and costs-Sec. 2
ch. 10 amended code p. 665.
The third section OF said chapter, after
providing for the granting Of bills Of ex
ception and certifying the evidence Of Jus
tices and other inferior tribunals in al
cases from which a oertiordi will
be under the preceding sec
ton, declares that upon the
hearing such Circuit Court shall, IN add
ton to determining such questions si
might have been determined upon eerfiordr
as the law heretofore was, review such
Judgment order or preceding Of the County
Court, Council, justice or other inferior
tribunal upon tie merits, determine all ques
tions arising upon the law and evidenc'
and under such judgment or make such
order upon the whole matter a. iew and
justice may require"
1t will be noticed that this statute great
ly enlarges the writ OF eertiOrdyi and allow,
it to issue not only in cases where it could
be used according to the common law, bu
extends it TO every case, matter or pro
ceeding before a justice or other inferiol
tribunal in which the Judgment cannot b
reviewed by appeal, writ Of error. sup7se
deds or in some manner other than ceTtio
rari. Itin express terms authorizes ever
i iudouapt nrdsr ontarej he q itst;ce M